Opinion
WD 82603
03-10-2020
RITTER PLAZA, LLC, Appellant, v. PARTY CITY CORPORATION, J&J Pflugerville, LLC, Respondents.
Michael Dodig, Lee's Summit, MO, Counsel for Appellant. George Kapke, Jr., Lee's Summit, MO, Counsel for Respondent, Party City. Jennifer Hannah, Overland Park, KS, Counsel for Respondent, J&J Pflugerville, LLC.
Michael Dodig, Lee's Summit, MO, Counsel for Appellant.
George Kapke, Jr., Lee's Summit, MO, Counsel for Respondent, Party City.
Jennifer Hannah, Overland Park, KS, Counsel for Respondent, J&J Pflugerville, LLC.
Before Division One: Thomas N. Chapman, P.J., Mark D. Pfeiffer, and Anthony Rex Gabbert, JJ.
ORDER
Per Curiam:
Ritter Plaza, LLC appeals from the judgment of the Circuit Court of Jackson County, Missouri, in favor of Party City Corporation on its claims arising out of a commercial lease agreement. Ritter Plaza, LLC also appeals from the judgment in favor of J&J Pflugerville, LLC on a commercial real estate sales contract. Because a published opinion would have no precedential value, the parties have been provided a memorandum setting forth the reasons for this order. The judgment is affirmed. Rule 84.16(b). In addition, we grant Party City Corporation's motion for attorney's fees on appeal and also grant J&J Pflugerville, LLC's motion for attorney's fees and expenses on appeal. We remand to the circuit court to determine Party City Corporation's reasonable attorney's fees for this appeal, and to also determine J&J Pflugerville's reasonable attorney's fees and expenses for this appeal.
Under this court's Special Rule 29, a party may file a motion for attorney's fees on appeal "pursuant to contract, statute or otherwise." "If a contract provides for the payment of attorneys’ fees and expenses incurred in the enforcement of a contract provision, the trial court must comply with the terms of the contract and award them to the prevailing party." WingHaven Residential Owners Assoc., Inc. v. Bridges , 457 S.W.3d 383, 385 (Mo. App. E.D. 2015). The lease agreement between Ritter Plaza, LLC and Party City Corporation provided that, in the event of any litigation in connection with the lease, the non-prevailing party shall pay the reasonable attorney's fees and expenses of the prevailing party. The real estate sales contract between Ritter Plaza, LLC and J&J Pflugerville, LLC provided for reimbursement of the attorney's fees and expenses incurred by the non-defaulting party in order to enforce its rights.
--------